Claim Form

Jerm9218

Thank you - will do this afternoon 

Jerm9218

Updated draft: 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on that unremarkable day, almost six years ago. 

3.   The Defendant believes that the Notice to Keeper was not compliant with the Protection of Freedoms Act 2012 ('PoFA'), and therefore incapable of holding the keeper liable with the ‘keeper liability’ requirements set out in the PoFA, Schedule 4.

4. Where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in PoFA, Claimant has included a clear falsehood in their POC which were signed under a statement of truth by the Claimant's legal representative who should know, (as the Claimant undoubtedly does), that it is untrue to state that the Defendant is 'liable as keeper'. This can never be the case with a Highview Parking Limited claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition. Not only does the POC include this misleading untruth, but the Claimant has also added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question of how they arrive at the Amount Claimed for a Total of £248.76 (The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs for the purposes of this defence point).

5. The Parking and Traffic Appeals Service (PATAS) and Parking on Private Land Appeals (POPLA) Lead adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, “There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort” (POPLA report 2015).

Coupon-mad

Looks good for a case where you cannot recall any facts but the PPC is one who doesn't use the POFA (or can't rely on it in the particular case) so they can't hold a keeper liable.

NB for for newbies:

- Some PPCs never use the POFA.  The NEWBIES thread explains that law, and names some PPCs who don't use it.

- This is not the whole defence of course, this is the personalised section that is different in every case and is added to the TEMPLATE DEFENCE at the top of the forum.

- See my signature below for how to hop to page one to read that pinned Announcement guide, plus the NEWBIES FAQS Announcement too.

- Anyone can do this. Be confident!

Jerm9218

Thank you @Coupon-mad - would you suggest anything further here or is this ok for submission? 

Jerm9218

Hi all, 

Deadline is this weekend, just wanted to check there were no further suggestions for this and if it is ok for me to submit? 

I am incredibly grateful to all of you for your assistance and input so far. 

Thank you. 

Le_Kirk

Jerm9218 said:

Deadline is this weekend, just wanted to check there were no further suggestions for this and if it is ok for me to submit? 

I am incredibly grateful to all of you for your assistance and input so far. 

Since @Coupon-mad said 13 March at 4:52PM it looks good and no other regular has chipped in with any alterations, deletions or additions, I would tend to say it is OK to go.

Jerm9218

Brilliant, thanks very much 

Jerm9218

Right, that's all sent off. Thank you all very much, on to the next steps! Back to the newbies thread I go.

Thanks all so far.

KeithP

For your immediate next steps, remember to refer back to that list your were following when you filed your Defence.  

Fruitcake

Jerm9218 said:

Right, that's all sent off. Thank you all very much, on to the next steps! Back to the newbies thread I go.

Thanks all so far.

Did you get an auto-receipt email telling you that your defence has been received?